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DECISION

Authorizing the management board of Nhon Hoi economic zone, Binh Dinh province, to grant investment preference certificates under the domestic investment promotion Law (falling within the competence of the Planning and Investment Ministry) to investment projects in Nhon Hoi economic zone

THE MINISTER OF PLANNING AND INVESTMENT

Pursuant to May 25, 1998 Domestic Investment Promotion Law No. 03/1998/QH10 (amended);

Pursuant to the Government's Decree No. 51/1999/ND-CP of July 8, 1999, detailing the implementation of the Domestic Investment Promotion Law (amended);

Pursuant to the Government's Decree No. 35/2002/ND-CP of March 29, 2002, amending and supplementing Lists A, B and C promulgated in the Appendix to Decree No. 51/1999/ND-CP;

Pursuant to the Government's Decree No. 164/2003/ND-CP of December 22, 2003, detailing the implementation of the Enterprise Income Tax Law;

Pursuant to the Government's Decree No. 61/2003/ND-CP of June 6, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Prime Minister's Decision No. 141/2005/QD-TTg of June 14, 2005, establishing Nhon Hoi economic zone, Binh Dinh province, and promulgating its operation Regulation;

Pursuant to the Prime Minister's Decision No. 256/2005/QD-TTg of October 18, 2005, establishing the Management Board of Nhon Hoi economic zone, Binh Dinh province;

Having considered Report No. 107/TTr-UBND of November 7, 2005, of the People' Committee of Binh Dinh province,

DECIDES:

Article 1.-

1. The Management Board of Nhon Hoi economic zone (hereinafter referred to as the Management Board for short) shall guide investors that have investment projects in Nhon Hoi economic zone (hereinafter referred to as Nhon Hoi EZ) to register for enjoyment of investment preferences.

2. To authorize the Management Board to receive and consider dossiers of registration of investment preferences, decide or refuse to grant investment preference certificates to domestic investment projects in Nhon Hoi EZ in the cases specified in Article 3 of this Decision.

The order and procedures for registration of investment preferences, and forms used for the grant of investment preference certificates shall comply with the provisions of the Planning and Investment Ministry's Circular No. 02/1999/TT-BKH of September 24, 1999.

Article 2.-

Domestic investment projects which the Management Board is authorized to consider and grant investment preference certificates must meet the following conditions:

1. Being in line with the planning and Regulation of Nhon Hoi EZ, which have been approved by the Prime Minister or competent authorities.

2. Meeting the investment preference conditions specified in the Government's Decree No. 51/1999/ND-CP of July 8, 1999, detailing the implementation of the Domestic Investment Promotion Law (amended), Decree No. 35/2002/ND-CP of March 29, 2002, amending and supplementing Lists A, B and C promulgated in the Appendix to the Government's Decree No. 51/1999/ND-CP, and Decree No. 164/2003/ND-CP detailing the implementation of the Enterprise Income Tax Law, and the Prime Minister's Decision No. 190/2005/QD-TTg of July 28, 2005, amending and adjusting Lists B and C in the Appendix to the Government's Decree No. 35/2002/ND-CP of March 29, 2002.

Article 3.-

The Management Board shall receive, consider and gather written comments from relevant agencies, if deeming it necessary, in order to decide or refuse to grant investment preference certificates, adjust or supplement investment preference certificates already granted to investment projects of the following enterprises:

- Enterprises established under the Prime Minister's decisions;

- Enterprises established under decisions of ministers or heads of competent central agencies.

Article 4.-

Within seven working days after granting new or supplemented investment preference certificates, the Management Board shall send their valid copies to the Ministry of Planning and Investment and the People's Committee of Binh Dinh province.

Every six months (before June 20 and December 20), the Management Board shall review the situation on the grant of investment preferences for Nhon Hoi EZ within its authorized scope, identify arising problems that need to be tackled and report them to the People's Committee of Binh Dinh province and the Ministry of Planning and Investment.

Article 5.- This Decision takes effect 15 days after its publication in "CONG BAO."